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We own the terraced house nextdoor (other side of the party wall), we use the place everyday. We bought the place as an extention to our home really...and not having to move to a larger place.

Have explored the cost of "knocking through" but is pretty expensive...also it would mean we couldn't rent it out in the future, without bricking up the new doorway.

Explained to the CT office that the place is not empty....their definition of empty is that no one lives there....living there means sleeping there.

I said well in that case (tongue in cheek) the wife and I could split up and I'll live there..the answer to this was that the Council would cross reference with the utility companies to see if the bills are matching the average for the area, and see if the place has washing outside! a bit of big brother thrown in for good measure it seems.

We don't mind paying (and are doing so) the full 100% C/T but as the place isn't boarded up and is being used daily it's galling to think that just because the computer "says no" thats it.

We did say they would be welcome to come and see for themselves that are occuping the property everyday. But it was no dice.

The government’s intention behind the decision to provide billing authorities with the power to charge a premium was not to penalise owners of property that is genuinely on the housing market for sale or rent.

Has anyone had any experience of challenging 50% council tax surcharge on an empty property?

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You can't other than to try and persuade the council to change policy.

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If you lift up the floorboards you can get a suspension that will give 6 months up to a max of a year with no payment required, and for this they require proof of non habitation.

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That probably wouldn't make any difference in most areas - the criteria for the 50% premium is that the property has been unoccupied AND unfurnished for 2 years or more. Doing works on the property , in most areas, no longer gets any reduction so the premium would still apply (it would also continue to apply either side of any Class D discount which the council may still grant).

The easiest way to stop a 50% surcharge is to either have the property occupied and/or furnished.

I no longer work in Council Tax Recovery but instead as a self employed consultant. My views are my own reading of the law and you should always check with the local authority in question.

So, it has now been sold? If you have been paying CT for a year, it would seems that the council are not following the guidelines, I would pay and appeal. If they turn you down take it to the Ombudsman.

So, it has now been sold? If you have been paying CT for a year, it would seems that the council are not following the guidelines, I would pay and appeal. If they turn you down take it to the Ombudsman.

The government’s intention behind the decision to provide billing authorities with the power to charge a premium was not to penalise owners of property that is genuinely on the housing market for sale or rent.

This may not be the "government's intention", but unless the relevant legislation specifically excludes properties on the market for sale or rent, a council is not at fault nor acting outside the law by surcharging such property.

Government policy or ideology does not override statute law. If a government believes legislation is not being used in the way it envisaged, it should amend that legislation.

The government’s intention behind the decision to provide billing authorities with the power to charge a premium was not to penalise owners of property that is genuinely on the housing market for sale or rent.

Thanks for all your advice, although as the house is now sold I was hoping for something like the above (thanks, The Deep). I managed to get a refund of the CT I'd paid in full, but there wasn't a refund of the percentage of overpayment. I'm definitely going to challenge that, plus try adding the para 6 quote and see if it brings any results. Nothing to lose, after all.

Having read the above I cannot see anything that covers my situation. We own a flat and a house. We have been living in the flat whilst renovating the house, and paying the 50% rates premium on the house. We have now moved into the house and asked for the premium to be taken off, however the council (Kingston) have said they will not so do as !!!8220;!!!8230;.that there is information outstanding to allow us to establish if this is your sole and main residence...!!!8221; and they will contact the council (Wandsworth) where the flat is. I have not notified Wandsworth that we have moved from the flat as we will be renovating it, so will be liable for rates there until we rent it. The house is, so far as I am concerned our !!!8220;sole and main residence!!!8221; but are they entitled to continue with the surcharge because we are still paying rates to Wandsworth?

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